Construction jurisdictional guide—India [Archived]
Construction jurisdictional guide—India [Archived]

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Construction jurisdictional guide—India [Archived]
  • Questions

ARCHIVED: This guide has been archived and is not maintained.

This Practice Note contains a guide to Construction law and practice in India published by Getting the Deal Through.

Click here to download 2019 guide (published August 2018).

Questions

The set of questions relating to the topic of Construction and answered by the guide for each jurisdiction covered include:

1. If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step?

2. Must foreign designers and contractors be licensed locally to work and, if so, what are the consequences of working without a licence?

3. Do local laws provide any advantage to domestic contractors in competition with foreign contractors?

4. What legal protections exist to ensure fair and open competition to secure contracts with public entities, and to prevent rigging or other anticompetitive behaviour?

5. If a contractor has illegally obtained the award of a contract, for example by bribery, will the contract be enforceable? Are bribe-givers and bribe-takers prosecuted and, if so, what are the penalties they face? Are facilitation payments allowable under local law?

6. Under local law must employees of the project team members report suspicion or knowledge of bribery of government employees and, if so, what are the penalties for failure to report?

7. Is